Another drinking cc question

[Astro99]

Got in a scuffle with the wife over this. If I am carrying and she is not it is ok for her to drink as long as I have my gun on my persons right? And as long as it's not accessable to her while we are In the car? And if we both are carrying and I decide to have a drink can she just carry mine on her persons also while we are driving home? She was saying we both can't drink even if only one person is concealing.

[tacticool]

I suggest one of two options.

1. Ask her to find the rule in the book. http://www.nps.gov/bibe/planyourvisit/u ... 202009.pdf

2. Say "yes dear" even though she's wrong.

[WildBill]

You have two options.

1. Ask her to find the rule in the book. ftp://ftp.txdps.state.tx.us/forms/ls-16.pdf

2. Say "yes dear" even though she's wrong.

I think option No. 2 is the best.

[MoJo]

I like my CC over ice with a splash of soda.

If you are refering to concealed carry repeat after me - - - "Yes, dear."

[Astro99]

I carried anyway And she just had a one drink and I told her to leave her carry piece at home thanks for the replies and I know I should be going with option 2 more often lol.

[srothstein]

Again, a question of tactics over strategy. And we all know the best tactics in a case like this is to say "yes, dear" and not let her know you are doing what you wanted anyway.

But, technically you are both wrong. You can carry and drink at the same time, as long as you are not intoxicated. This has been debated many times and the law is clear on it. The best advice is to not carry while you are drinking but the law is to not carry while you are intoxicated.

And since Texas has a reasonable amount of common sense in their laws, the law on carrying only applies to you. If the weapon is on your person, you cannot be intoxicated, but your wife can be almost as drunk as she wants. It makes no difference to your carrying. As long as she does not try to grab the gun from you, then you can do what you want. And if you are worried about a gun grab by an intoxicated spouse, i suggest that your concealed carry is the least of your problems.

The only gray area I can see is if you have the concealed weapon in the car that you are both occupying and not on your person. If it is available to both of you (say mounted in the center console) and one is intoxicated, there MIGHT be a legal problem for the intoxicated person. I could see where the argument of constructive possession could get dicey in a case like that. I think you would win long term, but it would be an expensive appeal and not guaranteed either.

[Oldgringo]

One mo' time:

If you question (any doubt in your mind about) your CC and drinkin' situation; Just Don't Do It!

Leave one or the other at home.

This horse is beyond beat to death.

PS:

...And if you are worried about a gun grab by an intoxicated spouse, i suggest that your concealed carry is the least of your problems....

[tacticool]

Intoxicated is intoxicated. If you question your drinking situation, leave the car at home.

[HankB]

IMHO, people who are drunk ought not carry, any more than they should drive.

But note that there is NO requirement in the law for the person who is NOT driving to submit to any form of sobriety testing.

[Astro99]

Thanks for th clairification. I am no way worried about her getting my gun while she is intoxicated as we are very responsible about gun ownership. I just wanted to make sure we were following the rules.

[Oldgringo]

IMHO, people who are drunk ought not carry, any more than they should drive.

But note that there is NO requirement in the law for the person who is NOT driving to submit to any form of sobriety testing.

....UNLESS, the arresting officerS suspects/claims the passenger in the stopped car was driving before the pullover...

This may be a radical right wing suggestion, but if you're gonna' get drunk - Stay Home; otherwise, you face the consequences and our actions do have consequences...Capeesh?

FWIW, I think "corks are for throwin' away".

[boomerang]

Stay Home; otherwise, you face the consequences and our actions do have consequences

The same could be said about concealing poorly. Capisce?

[chabouk]

Just explain that it's no different than driving: if she has a drink while you're out, you're both the designated driver and designated carrier. It's no more of a problem for you to carry after she's been drinking, than it is for you to drive her home.

[camlott]

Although option #2 is probably the best course of action... I haven't found anything yet that prevents me from carrying under CHL based solely upon the mental state of someone in my immediate vicinity. What if someone under the influence of drugs or alcohol came after you and you were forced to use deadly force. Using her logic, it would be illegal for you to carry under CHL because of their condition and proximity to you.